Conning the Competition

Mississippi requires CONs within five broad categories—hospital beds, beds outside hospitals, equipment, facilities and services. Overall, Mississippi maintains 80 independent CON requirements, 41 of which apply to facilities and buildings. Additionally, Mississippi has seven moratoria which prohibit the construction of facilities or the conversion of hospital beds in certain situations. See 15 Miss. Admin. Code Pt. 9, Subpt. 91, R. 2.2. CON applications cost as much as $25,000 in Mississippi.

COVID-19 Response

As of May 15, 2020, Mississippi had not suspended any CON requirements in response to COVID-19.

Application Process

In Mississippi, the CON application process typically takes five months, or longer if a hearing is requested. Miss. Code § 41-7-193(3); 15 Miss. Admin. Code Pt. 9, Subpt. 91, R. 3.8, 3.9, 3.13, 5.2. Applications can be submitted at any time. The nonrefundable fee for a CON application ranges from $500 to $25,000. Miss. Code §§ 41-7-188(1)(c)–(d), 41-7-193(3). Competitors can intervene in the application process and can submit written comments opposing an application, request a hearing on the application, and appeal the Health Officer’s final decision granting an application. 15 Miss. Admin. Code Pt. 9, Subpt. 91, R. 3.12, 4.1, 9.1. At the hearing, competitors can question the applicant and offer evidence or argument as to why an application should be denied. Miss. Code § 41-7-197(2).